Hotel Tax Matrix City of Chicago. Chicago

Transcription

1 City of This matrix addresses only those City of taxes that are administered by the Department of. The matrix does not address the City of taxes that are enforced by the Illinois Department of. 1 Transient Rooms - Sleeping Rooms Y Hotel Municipal Code, chapter Guaranteed o Show Y Hotel A guest does not arrive for a guaranteed reservation and fails to cancel. The guest was guaranteed the right to use or possess the room. 3 Complimentary Rooms Provided at o Charge To: a. Guests. b. Employees.. c. Travel Agents, Advertisers, etc 4 Early Departure Fees Y Hotel Charged when a reservation is made for a certain period of time and guest leaves earlier than the scheduled departure date. 5 Late Departure Fees Y Hotel Charged when a reservation is made for a certain period of time and guest checks out after the required checkout time. 6 Cancellation Fees (Guest Rooms): Y Hotel Liquidated damages charged when a scheduled event is cancelled. At no time does the guest occupy or have the right to occupy or possess any rooms. 7 Attrition/Fees (Guest Rooms): Y Hotel Liquidated damages charged because a group did not fulfill their total event commitment. (Example: An event books 200 rooms. Only 150 are rented and occupied. A penalty is charged for the 50 remaining rooms. At no time does a guest occupy or have the right to occupy the 50 remaining rooms.) 8 Mini-Bar Sales (example: cookies, chips, nuts, candy bars) a. Retail food sales b. Retail nonfood sales (example: toothpaste, aspirin, bandages, dental floss) c. onalcoholic beverages Y Bottled Water Tax Municipal Code, chapter 3-43 d. Alcoholic beverages Y Liquor Municipal Code, chapter Packages (example: golf, honeymoon, ski) Any additional charges such as goods, services or activities in addition to the rental of a room. a. Hotel records do not maintain a breakout stating each item and the applicable tax. (Lump Sum) Y Hotel b. Hotel internal records separately state each item and the applicable tax. (Breakout of each revenue stream in hotel records.) Y Various Each element of the package is subject to the relevant tax (see other line items of matrix). 10 Rooms for resale sold to: a. Tour operators.. Y Hotel o sale for resale exemption for hotel tax b. Meeting planners. Y Hotel c. Others who resell rooms to their customers.. Y Hotel 11 Pet Charges (Pet's Occupancy of Guest Room) Y Hotel 12 Pet Clean-up Fees (Cleaning of Room after Stay) If separate charge that is optional or for specific damage, not taxable. If mandatory for all occupants with pets, it is taxable as above, as a charge for a rental of the accomodations. 13 Child Care Charges a. Provided by hotel employees b. Provided by unrelated third party 14 Rollaway Bed Charges Y Lease Trans Municipal Code, chapter If separately stated and optional. 15 Refrigerator Charges Y Lease Trans If separately stated and optional. 16 Safe Charges Y Lease Trans If separately stated and optional. 17 Complimentary Meal Provided With Room: A complimentary meal is provided for each room occupant. The meal is included in the price of the guest room. The guest cannot opt out of the meal for a lower room rate. a. Hotel purchases food and prepares meals b. Hotel purchases prepared food & meals from leased restaurant and/or outside vendor 18 Complimentary Beverage Provided With Room: Complimentary beverages are provided for each room occupant at a reception. The beverages are included in the price of the guest room. The guest cannot opt out of the reception for a lower room rate. a. Liquor, Beer, Wine 1.) Hotel purchases & serves drinks 2.) Hotel leases complimentary beverage service to an unrelated third party

2 City of b. onalcoholic Beverages 1.) Hotel purchases & serves drinks Y Bottled Water Tax Hotel, as user, pays the tax 2.) Hotel leases complimentary beverage service to an unrelated third party 19 Bottled Water Provided in Room (Complimentary) Y Bottled Water Tax Hotel, as user, pays the tax 20 Bottled Water Provided in Room (At Retail) Y Bottled Water Tax Hotel, as retailer, collects the tax 21 Damage Fees A fee charged by the hotel because the guest damaged the hotel room or furnishings. The guest does not gain ownership of any damaged property.) a.) Fee approximates replacement value of item b.) Fee does not approximate replacement value 22 Restaurant Food Sales Y Restaurant and Bottled Water Municipal Code, chapter 3-30 (restaurant tax) 23 Beverage Sales (Liquor, Wine, and Beer) Y Liquor and Restaurant If there is an area with beverage service, but no food service, the transaction may not be subject to the Restaurant Tax. See the Restaurant and Other Places For Eating Tax Regulations at (web address) for detailed information. 24 Beverage Sales (Carbonated, Fruit, Mixers) Y Restaurant See above 25 Gratuities: a. Voluntary: 1. Fully Distributed to Server. 2. Restaurant Retains a Portion b. Mandatory: 1. Fully Distributed to Server. 2. Restaurant Retains a Portion 26 Room Service Food and Beverage Y Restaurant /Liquor/ Bottled Water 27 Room Service Separately Stated Delivery Charges 28 Cover or Minimum Charges for Food Service Y Restaurant 29 Corkage 30 Cake cutting Charges - (Guest provides own cake) 31 Ice carving charges 32 Employee Meals: a. Provided Free of Charge.. b. Provided for a Charge above Cost. Y Restaurant c. Provided at Cost.. Y Restaurant d. Provided at a charge below cost.. Y Restaurant 33 Complimentary Food A manager entertains in the hotel restaurant a prospective guest who plans to bring a large group to stay at the hotel. The manager comps the client's dinner at the restaurant. a. Food provided for customer satisfaction (Example: customer complaint) b. Food provided for promotional purposes 34 Meeting Room (o Meals Served) Y Hotel 35 Meeting Room (Meals Served) a. Rental of room, separately stated from meal. Y Hotel & Restaurant Hotel for room; Restaurant for meal b. Lump sum billing.. Y Hotel & Restaurant Hotel to compute a fair allocation. 36 Meeting Room (Incidental food Served) Y Hotel 37 Banquet Room/Convention Charges (Lump Sum Billing) Provided/Performed by Hotel Employees a. Rigging, electrical cabling and light set up fees Y Hotel b. Phone line setup fees/labor Y Hotel c. Theme equipment, decorations charges, and Y Hotel d. Phone line/internet cabling line setup Y Hotel 38 Banquet Room/Convention Charges (Separately Stated And Mandatory) Provided/Performed by Hotel Employees a. Rigging, electrical cabling and light set up fees Y Hotel b. Phone line setup fees/labor Y Hotel c. Theme equipment, decorations charges, and Y Hotel and possibly Lease d. Phone line/internet cabling line setup Y Hotel

3 City of Banquet Room/Convention Charges (Separately Stated And Optional) 39 Provided/Performed by Hotel Employees a. Rigging, electrical cabling and light set up fees b. Phone line setup fees/labor c. Theme equipment, decorations charges, and Possibly Lease d. Phone line/internet cabling line setup Banquet Room/Convention Charges (Separately Stated And Mandatory) Provided/Performed by Unrelated Third Party a. Rigging, electrical cabling and light set up fees Y Hotel If customer pays hotel, hotel to collect and remit tax b. Phone line setup fees/labor Y Hotel If customer pays hotel, hotel to collect and remit tax c. Theme equipment, decorations charges, and Y Hotel If customer pays hotel, hotel to collect and remit tax d. Phone line/internet cabling line setup Y Hotel If customer pays hotel, hotel to collect and remit tax Banquet Room/Convention Charges (Separately Stated And Optional) Provided/Performed by Unrelated Third Party a. Rigging, electrical cabling and light set up fees b. Phone line setup fees/labor c. Theme equipment, decorations charges, and d. Phone line/internet cabling line setup 40 Floral a. Facility Furnished With Banquet - Mandatory Y Hotel b. Facility Furnished With Banquet - Separately Stated & Optional 41 Cancellation Fees: (Banquet Rooms) Liquidated damages because an event was cancelled. Damages may cover lost revenue not merely from the room rental, but from food that was ordered and must be thrown away, party decorations ordered, etc. Guest never occupies or has right to occupy the room. a. The space Y Hotel b. Food and beverages i. Hotel prepares meals Y Restaurant ii. Unrelated third party prepares and serves meals c. Other services 42 Attrition Fees: (Banquet Rooms) Liquidated damages because group did not fulfill their total event commitment (Example: an event booked a banquet for 200 people, only 150 attended and a penalty was charged for 50 non-attendees.) a. The space Y Hotel b. Food and beverages i. Hotel prepares meals Y Restaurant ii. Unrelated third party prepares and serves meals c. Other services OTHER GUEST CHARGES: 43 Telephone Charges: Y Telecom Municipal Code, chapter Telecommunications due on markup provided that tax is correctly paid to the provider on cost. a. Local Charges (Mark up on Carrier Charges).. Y Telecom Telecommunications due on markup provided that tax is correctly paid to the provider on cost. b. Local Charges (Flat Fee Per Call).. Y Telecom Telecommunications due on markup provided that tax is correctly paid to the provider on cost. c. Long Distance Intrastate (Mark up on Carrier Charges). Y Telecom Telecommunications due on markup provided that tax is correctly paid to the provider on cost. d. Long Distance Interstate (Mark up on Carrier Charges). Y Telecom Telecommunications due on markup provided that tax is correctly paid to the provider on cost. 44 High Speed Internet Access Based on provisions of amended Internet Tax Freedom Act that become effective June 30, 2008, City will not require collection of telecommunications tax on Internet transmission charges on or after January 1, This does not affect issue of liability for telecommunications tax on such charges in prior periods. 45 Bundled Telephone and Internet Access Charges 46 Guest Laundry/Dry Cleaning: Based on provisions of amended Internet Tax Freedom Act that become effective June 30, 2008, City will not require collection of telecommunications tax on Internet transmission charges on or after January 1, This does not affect issue of liability for telecommunications tax on such charges in prior periods.

4 City of a. Hotel is retailer & seller of services.. b. Outside vendor performs services, bills guest & pays commission to hotel c. Outside vendor performs services, bills hotel & hotel marks up charges to guests d. Outside vendor performs services, bills guest & there is no markup or commission e. Coin operated laundry - hotel owned f. Coin operated laundry - independently owned 47 Pay per View Television (Provided by satellite/electronically over internet): The Pay per View provider owns and services equipment in hotel. Service & selections are controlled by provider via the internet. The provider, not the hotel is the seller of the pay per view service per the terms of the provider's contract with the hotel. a. Charges from third party vendor without markup by the hotel Y Amusement Hotel and third party video company are jointly and severally responsible. b. Charges from third party vendor with markup by hotel Y Amusement Hotel and third party video company are jointly and severally responsible. c. Commission from 3rd party vendor 48 Pay per View Television (Provided electronically by the hotel): The hotel owns and services pay-per-view equipment in the hotel. Service & selections are controlled electronically by the hotel. The hotel is the seller of the pay per view service. Y Amusement 49 Pay per View Video Games (Provided by satellite/electronically over internet): The Pay Per View provider owns and services equipment in the hotel. Service & selections are controlled by the provider via the internet. The provider, not the hotel, is the seller of the pay per play service. per the terms of the provider's contract with the hotel. a. Charges from third party vendor without markup by the hotel Y Amusement Hotel and third party video company are jointly and severally responsible. b. Charges from third party vendor with markup by hotel Y Amusement Hotel and third party video company are jointly and severally responsible. c. Commission from 3rd party vendor 50 Pay per View Video Games (Provided electronically by the hotel): The hotel owns and services pay-per-view equipment in the hotel. Service & selections are controlled electronically by the hotel. The hotel is the seller of the pay per view service. Y Amusement 51 Rental of Movies, DVD, Video Games (tangible personal property rental) a. Hotel owns & provides tangible personal property. Y Lease Trans b. Third party owns & provides tangible personal property. Hotel is not subject to tax, but vendor is responsible for collecting Lease Trans Tax. c. Commission from 3rd party vendor. 52 Parking a. Mandatory valet service fee assessed to room Y Parking Municipal Code, chapter b. Mandatory valet service operated by outside parking company ot taxable to hotel, but vendor is responsible for remitting parking tax. c. Guest option valet service Y Parking d. Charges for self-parking owned by hotel Y Parking e. 3rd party charge appearing on guest folio for guest convenience only - hotel does not mark up Y Parking If customer pays hotel, then hotel to collect and remit tax f. 3rd party charge with hotel mark up Y Parking If customer pays hotel, then hotel to collect and remit tax g. Commission to hotel on third-party operated self-parking 53 Transportation Charges: a. Performed by hotel - for hire (a fee is charged for service) Y Ground Trans Municipal Code, chapter 3-46 b. Performed by hotel - not for hire (no fee is charged, e.g. complimentary shuttle to airport) c. Arranged by hotel and performed by out side service provider ot taxable to hotel, but outside provider is responsible to register for & pay GTT. d. Commission to hotel from third-party provider GIFT SHOP 54 Retail Video Rental/DVD Rental Y Lease Trans 55 Retail Food Sales 56 Retail Candy 57 Retail Beer/Wine Sales Y Liquor 58 Retail Clothing 59 Retail on-food Sales (Toothpaste, Baby Wipes, Pens, etc.) 60 ewspapers 61 Periodicals MISCELLAEOUS FEES (Golf, tennis, swimming, etc.) 62 Lessons 63 Swimming Pool Access Y Amusement 64 Green fees Y Amusement 65 Court usage (Tennis, Racquetball, etc.) Y Amusement 66 Commission paid to hotel by outside providers 67 Resort Fees/Amenity Fees Y Hotel Per diem charge related to the right of room occupancy for a number of additional amenities provided by a resort, such as beach chairs,

5 City of bottled water in the hotel room, access to the hotel fitness center, newspaper delivery, shuttle service, etc. HEALTH SPA & SALO 68 Massage revenue 69 Weight room fees Y Amusement 70 Tanning booth Y Lease Trans If no operator provided 71 utritional counseling 72 Facials 73 Barber/beauty services BUSIESS CETER REVEUE 74 Fax Charges (Fax is sent by business center employees) 75 Copy Charges (Copies are made by business center employees) 76 Copy Charges (Coin-operated copy machine) 77 Document printing Charges (Guest uses printer) Y Lease Trans 78 Computer usage charges (internet access) Y Lease Trans 79 Computer usage charges (without internet access) Y Lease Trans 80 Shipping/mailing charges MISCELLAEOUS SALES 81 Telephone Commissions received from Pay Phones 82 Prepaid Telephone Cards 83 Fax Charges (Sent from in-room) Y Telecom 84 Vending Machine Sales (Hotel Maintains Machine) - for immediate consumption* Y Restaurant See Restaurant and Other Places for Eating Tax Regulations for definition. 85 Vending Machine Sales (Hotel Maintains Machine) - not for immediate consumption* 86 Vending Commissions (Vendor Maintains Machine) 87 Commissions earned from room service meals provided by leased restaurant. 88 Equipment Rental ( example: audio visual equipment) Y Lease Trans 89 Commissions earned from equipment rentals provided by outside equipment vendor 90 Lease of Real Property a. Space in Hotel Lobby b. Space for Restaurant c. Space for Gift Shop 0 91 Commission on Automatic Teller Machines (ATM's) 92 Meeting Supplies? MISCELLAEOUS PURCHASES 93 Consulting Services 94 Housekeeping Services 95 Janitorial Services 96 Professional Services 97 Landscaping Services 98 Cleaning Supplies, Maintenance Supplies, Repair Supplies Y ontitled Use Municipal Code, chapter If purchased by hotel for hotel's own use. 99 Pool Maintenance Services 100 Security Service a. Provided by a security company/firm b. Provided by off-duty police officers. c. Fire safety/burglar alarm monitoring 101 Salvage Sales 102 Uniforms - Owned Y ontitled Use 103 Uniforms - Leased Y Lease Trans 104 Cleaning of Uniforms 105 Maintenance Contracts on Hotel Equipment (Services) 106 Freight Charges 107 Lease of Tangible Personal Property for Hotel Use Y Lease Trans 108 Employee Drug Tests 109 Employee Background Checks HOTEL OPERATIOS PURCHASES 110 In-Room Amenities Provided with the Guest Room: Shampoo, Soap, Toilet Paper, Laundry Bag. Y ontitled Use 111 In-Room Coffee Provided at o Charge to Guests Y ontitled Use 112 In-Room Cookies Provided at o Charge to Guests Y ontitled Use 113 ewspapers Provided to Guests (o separate charge on hotel folio) a. Guest can opt out for a refund of the paper's price

6 City of b. Guest cannot opt out for a refund of the paper's price 114 Linens and Towels Y ontitled Use 115 Coffeemakers for In-Room Guests Y ontitled Use 116 Flowers (for hotel common areas, display, hotel decorating) Y ontitled Use 117 Promotional Materials (Tangible Personal Property) Y ontitled Use 118 Promotional (on Tangible Personal Property) (Examples: Media, Advertising, etc.). 119 Operating Supplies Y ontitled Use FOOD AD BEVERAGE PURCHASES 120 China, Glassware, and Utensils Y ontitled Use 121 Linens Y ontitled Use 122 Operating Supplies Y ontitled Use 123 Disposable apkins, Plates, Etc. Provided with Purchased Meal 124 Disposable apkins, Plates, Etc. Provided with Complimentary Meal Y ontitled Use CAPITAL ASSETS 125 Capital Assets - General Y ontitled Use or Lease Trans 126 Computer - Hardware Y ontitled Use or Lease Trans 127 Computer - Software (Delivered on floppy discs/tangible media) a. Custom designed specifically for a single customer b. Prepackaged "canned" software Y ontitled Use or Lease Trans 128 Computer - Software (Delivered via the internet - electronic delivery) a. Custom designed specifically for a single customer b. Prepackaged "canned" software Y ontitled Use or Lease Trans 129 Computer - Software (Use of software located outside the user's state) Y Lease Trans The software is located on a server outside the state. The user accesses and utilizes the software via the internet. The user never receives a copy of the program files to load on the in-state computer. 130 Furniture and Fixtures - For Hotel Y ontitled Use or Lease Trans 131 Televisions, Telephones, and other Electronics Y ontitled Use or Lease Trans 132 Office Equipment - For Hotel Y ontitled Use or Lease Trans 133 Furniture and Fixtures - For Restaurant Y ontitled Use or Lease Trans 134 Kitchen Machinery and Equipment Y ontitled Use or Lease Trans 135 Office Equipment - For Restaurant Y ontitled Use or Lease Trans 136 Telephone Switching Equipment Y ontitled Use or Lease Trans 137 ew Construction of Real Property Contractor is responsible for paying nontitled use on the materials they use. 138 Repair of Real Property Contractor is responsible for paying nontitled use on the materials they use. 139 Installation of Tangible Personal Property Purchased By Hotel Y ontitled Use o tax on service itself -- just on property purchased 140 Repair of Tangible Personal Property Purchased By Hotel Y ontitled Use o tax on service itself -- just on property purchased 141 Fabrication of Tangible Personal Property Purchased By Hotel Y ontitled Use o tax on service itself -- just on property purchased 142 Sale of Entire Business a. Real property - land, buildings, other real property Y Real Property Trans Municipal Code, chapter 3-33 b. Furniture, Fixtures & Equipment - tangible personal property c. Bulk sale (Are there special requirements/regulations?) Y Bulk sales/transfers reportable under Municipal Code Section d. Tax clearance (Is buyer or seller responsible for obtaining this?) Both FRACHISE/MAAGEMET REVEUE 143 Management Fees 144 Franchise Fees/Royalties 145 Marketing Fees 146 Reservation Fees 147 Reimbursement of Expenses at Cost 148 Travel Agent & Airline Commission Reimbursement 149 Payroll and Accounting Reimbursements 150 Legal and Technical Services Reimbursements MISCELLAEOUS 151 Are US postmarks acceptable as timely filings? Y 152 Is a business License required for the management company? Y 153 Are local taxes subject to state taxes? 154 Are any state or local taxes, fees, or assessments billed to the guest subject to any state or local tax? (Ex: a local transient occupancy tax subject to state sales tax) 155 Are there any Utility Exemptions available for Hotels?